Forensic Psychology: The Polygraph Test.pptx

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About This Presentation

This Project describes the history of Polygraph Test alongwith its intrumentation and aspects of legality.


Slide Content

The Polygraph Test Bhanu Pratap Singh Yadav MSFS NFSU Delhi

What is a Polygraph Test? A polygraph test , also known as a lie detector test , is a machine that monitors a person's physical responses while they are being questioned. The machine records several physiological indicators, including blood pressure, pulse, respiration, and skin conductivity (Sweating) , while the person answers a series of questions. The polygraph relies on the belief that physiological responses to deceptive answers can be differentiated from those associated with non-deceptive answers. H owever, there are no specific physiological reactions associated with  lying , making it difficult to identify factors that separate those who are lying from those who are telling the truth.

Discerning Truth from Lies: An Ancient Human Fascination Since ancient times, the art of discerning truth from lies has captivated human curiosity. Studies on lie detection indicate that our ability to detect lies is no better than chance. This may be due to the fact that in our daily lives, we tend to assume that people are telling the truth, also known as the truth bias . There are different theories as to why we have this tendency to trust others. Some researchers believe it's due to our naivety, while others suggest that we don't always have enough information to make accurate judgments. Some argue that people often don't have a specific reason to lie in their normal interactions, and therefore the truth bias isn't necessarily a flawed concept.

What is Deception? Deception is defined, as the communication of information that is known by the communicator to be inaccurate and/or misleading. This communication can be verbal or nonverbal, in writing, or actions. Deception can be enacted through the manipulation of words, behaviors, or appearance so that others will form a false impression. Deception has four levels: Mimicking, Reflex Responses, Learned Behaviors, and Intentional Manipulation. Mimicking is when deception is inherent in the organism's appearance. Reflex Responses are specific actions triggered by certain circumstances. Learned Behaviors are acquired through past actions that deceived others. Intentional Manipulation is the highest level, where the sender manipulates the receiver's mental states, attempting to instill false beliefs. This is what we call as, Lying.

The Old World: Methods of “Lie-Detection” Compurgation: Accused individuals solemnly swear to tell the truth, with others from their class swearing to their credibility. Writing claims on paper and throwing them into the fire: The surviving paper is considered acquitted. Swallowing a papyrus with holy sentences (Japanese "Goo"): Deceptive individuals are expected to throw up the confession. Tumultuous rhythm of the heart (Eristratus): Used to determine deception in a case of impious love. Rice-chewing test (Ancient India/China): Fear-induced “dry mouth” prevents spitting out rice, indicating deception. Hot iron licking test (Bedouin tribe): No blister indicates truthfulness; blister suggests deception.

Ancient India, circa 500 BC, featured the ordeal of the sacred ass—a psychological test, not a physiological one. Crime suspects were told a donkey in a dark tent would bray if a liar pulled its tail. Unbeknownst to suspects, the donkey's tail was coated in lamp black. Innocent individuals confidently pulled the tail, revealing lamp black on their hands, while guilty ones avoided pulling the tail, emerging with clean hands, exposing their deception to priests.

Development of Lie-Detection in the Ancient World Year Event 3000 - 1800 BC Ancient Indian and Chinese legal systems employed the "Rice-grain Chewing test" for detecting lies. Egyptian and Sumerian laws utilized Trials by Ordeals and Oaths as lie detection methods. The Hammurabi Codex featured a river-diving ordeal, where survival acquitted the accused. 1700 - 1000 BC Ancient Babylonians used "Oath formulas" for truth verification in legal proceedings. Indian Vedic Texts addressed truths and falsehoods. Mycenaean witness testimony relied on oaths for truthfulness in resolving legal disputes. The Hebrew Bible emphasized oath-taking as a measure of affirming honesty under Hebrew traditions. 900 – 300 BC The Socratic dialogue, featured in Plato's works, is a method of cross-questioning to uncover truth. Aristotle, in his workn 'Rhetoric’, highlighted physiological signs like blushing or trembling as indicators of deception, laying the foundation for lie detection theories. Eristratus discussed tumultuous heart rhythm or the increased pulse, as an early method for determining deception, earning him credit as an early human lie detector.

Development of Lie-Detection in the Modern World Year Event 7 th – 14 th CE The Japanese, Polynesians, Aztecs &, Incas all mentioned the usage of ordeals as lie detector tests. 1858 French physiologist Étienne-Jules Marey recorded bodily changes as responses to uncomfortable stressors, including nausea and sharp noises. 1875 Angelo Mosso pioneered the study of fear's connection to lying. He developed "plethysmographs," devices measuring changes like pulse, respiratory rate, and blood pressure to scientifically identify deception. 1879 Dr. Marie Gabriel Romain Vigouroux , pioneered "Electrodermal Response" research, suggesting measurable changes in skin's electrical resistance during lying. 1895 Cesare Lombroso , an Italian criminologist, introduced the Hydrosphygmograph , measuring blood pressure and pulse to detect deception. Published documents showcasing the use of plethysmograph and sphygmomanometer in criminal interrogation, yielding positive results. 1897 Georg Sticker first discovered that the electrical conductivity of the skin could be used to determine if someone was lying or telling the truth, using a galvanometer ( an initial psychogalvanometer).

Year Event 1906 British cardiologist James Mackenzie invented a device that measured the arterial and venous pulse and plotted them as continuous lines on paper. The first Ink-Writing Clinical Polygraph Machine . 1909 Harvard professor, Boris Sidis ’ study, "A Study of Galvanic Deflections Due to Psycho-Physiological Phenomena.", proving the link between emotions and skin galvanic changes in his presentation to the American Psychological Association. 1914 Vittorio Benussi introduced the concept that a person's breathing rate could reveal deception in his work "The Respiratory Symptoms of Lying", . He developed a pneumograph to measure breathing, laying the foundation for modern monitoring based on the "Inspiration/Expiration ratio" (I/E ratio). 1915 William M. Marston worked in Harvard psychologist Hugo Münsterberg’s lab and was captivated by his vision. He invented a systolic blood pressure cuff and with his wife, Elizabeth Holloway Marston, used the device to investigate the links between vital signs and emotions . 1921 The polygraph machine was invented by American psychologist John Augustus Larson . His device, called the “ cardio-pneumo-psychograph, ” measured blood pressure, respiration, and pulse rate changes. 1923 The polygraph test’s first significant encounter with the legal system, when Marsten tried to get his Systolic BP test report admitted as evidence proving the defendant’s truthfulness in Frye v. US case.

Year Event 1925 Leonard Keeler created an improved version of Larson’s polygraph machine with special Ink pens, and higher accuracy at recording changes. This was called the Keeler Polygraph. 1938 Keeler adds a psychogalvanometer to his polygraph machine, creating the Modern Polygraph of today 1947 John E. Reid 's "Control Question Technique" (CQT) , based on stronger reactions to control questions from truthful individuals, significantly improved accuracy and revolutionized polygraph testing. Reid also introduced motion detectors to identify deception by monitoring muscle activity during polygraph examinations. 1960 Building on the Reid Control Question Technique, Cleve Backster develops the "Backster Zone Comparison Technique" (ZCT) , altering question sequencing. He introduces a quantification system for chart analysis, enhancing objectivity and scientific rigor. 1962- 1980s Research on usage on computers for physiological detection of deception 1988 Drs John C. Kircher and David C. Raskin develop the “Computer Assisted Polygraph System” (CAPS) , which incorporates the first algorithm used for evaluating physiological data collected for diagnostic purposes.

Recent History: Year Event 1993 Drs. Dale E. Olsen and John C. Harris launch " POLYSCORE ," a computerized polygraph analysis program, marking the formal entry of polygraph technology into the computer age. 2003 POLYSCORE Version 5.1 , analyzing data from 1,411 real-life criminal cases, achieves over 98% accuracy in quantifying, analyzing, and evaluating physiological data from polygraph examinations, as validated by the United States Department of Defense Polygraph Institute. 2011-12 AI platform “ AVATAR ,” co-developed by Israel and US, uses a mix of voice stress analysis and facial micro-expressions to detect deception in travelers/immigrants arriving in the United States. It showed an accuracy of 60 to 85% in its Pilot stage 2017-18 EU version of AVATAR programme, the “ iBorderCtrl ” is launched Present Day Research on usage of AI for detecting deception and other techniques like brain mapping, MRI analysis which don’t rely on the indirectness of the physiological responses in the traditional “Lie-Detector” machines.

What makes a p olygraph work?

THE POLYGRAPH IS BASED ON THE PRINCIPLE OF PSYCHOSOMATIC INTERACTION . Which means that When people lie, their bodies tend to react in detectable ways.  Polygraphs measure physiological changes in the cardiovascular system, breathing, and sweating .  By comparing the physiology of people when they are lying and telling the truth, lying can be detected

Parts of a Polygraph Machine:

Other Parts of the Polygraph Machine: Pen Lifter – adjusts pens to three positions. Program Pacer – programmable cueing device for question and answer spacing. Paper Tear Bar – provides a cutting edge for easy chart removal. Multi-Function Module – selectable recording module for various channels and accessories. Paper Storage Compartment – holds two spare rolls of chart paper or other supplies. AC Power Receptacle, Power Switch & Circuit Breaker – applies power and protects the instrument. Chart Drive Roller Lever – lifts the chart drive roller for paper changes and removal. Power Analyzer – indicates proper wall outlet wiring for instrument operation and subject safety. Stimulus Marker – marks significant events on the chart. Pneumographic chest-tube assembly Finger electrode assembly BP arm-cuff assembly Control Panel Recording Chart Pens and Ink-housing A keeler polygraph with major parts labelled . (Lafayette 76056)

As the world entered the digital age, the polygraph also morphed into its present-day form, as shown here with various previously mentioned components with the laptop/computer systems replacing the sturdy suitcases of earlier versions of the polygraph instrument. Present-day Polygraph Machines:

Device working installation: The pneumograph tube is fastened around the subject’s torso and belly. The blood pressure cuff is place on the left arm in such a way that the rubber bladder part should be located over the brachial artery. The electrodes or galvanic skin reflex (GSR) is attached on the index finger and ring finger of the left hand of the subject. Position the subject in a manner that he looks straight ahead with the instrument and the examiner to the right side or rear somewhat ahead of the kymograph or chart drive so that the polygraph tracings will not distract him.

Polygraph Examination:

Guidelines for Formulation of Test Questions:

The questioning techniques

Relevant/Irrelevant Questions Test: Is your name A ? Are you 48 years old? Do you live at 123 abc Street? Did you steal ₹ 5000 from your mother?

Guilty Knowledge Test: INSTEAD OF DIRECT QUESTIONS , MULTIPLE CHOICE QUESTIONS ARE ASKED. ILLUSTRATION : HARRY DIED WHEN HIS BROTHER PETER DROWNED HIM IN LAKE. Was Harry stabbed to death? Was Harry strangled? Was Harry shot to death? Was Harry drowned?

Control Questions Test:

Interpreting a Polygraph Chart

Humans possess an Autonomic Nervous System enabling separate stimulation (sympathetic) or relaxation (parasympathetic) of organs. The autonomic response to fear includes increased heart rate, sweating, and suppressed breathing. When lying, individuals fear detection, exhibiting these markers—elevated heart rate, sweating, and complexly suppressed breathing—indicative of stress. A skilled examiner crafts questions to elicit a subject's autonomic fear response, focusing on the central issue and emotional reference points. This process, repeated multiple times, assesses stress-fear values for each category. Comparing these values determines the subject's deception or truthfulness on the test issue.

Chart Annotations: sfs Primary Symbols Inference X Indicates the start of the test I I Stimulus mark . First vertical line marks start of questions and second vertical line marks the end of the question. + Subject Answered YES - Subject Answered NO XX Indicates the end of test Secondary Symbols Secondary Symbols M – movement SNF = sniff T = Talking Y = yawn DB = deep breath SZ = sneeze C = cough SLP = sleep CT = clear throat LGH = laugh SW = swallow B = belch TDB = take deep breaths OSN = outside noise WU = wake up ISN = inside noise BI = breathing instruction EE = examiner error AI = answering instruction WRQ = will repeat question TI = talking instruction MI = movement instruction.

Pointers for the Graph Peaks: Pneumograph Pattern Galvanograph Pattern Cardiograph Pattern Normal Indicators: Expiration and inspiration strokes. Amplitude : 1/2 to 3/4 inch. Cyclic rate and amplitude regulated by physiological structure. Normal Indicators: Balanced, slightly wavering line running for 4-7 seconds Normal Indicators: Systolic & diastolic strokes, diacrotic notch. Pulse rate: 72-80 bpm. Deception Indicators: Deliberate controlled breathing. Variations from norm. Attempts to beat the test. Deception Indicators: Changes in subject's resistance. Intense pen excursion. Increased sensitivity. Deception Indicators : Deep sighs, clearing of throat, cough, sneeze, talking. Fast heart rate. Changes due to question stimulus, extraneous stimuli, movement, discomfort, mental/physical illness.

Analysis of the Polygram: THE POLYGRAPH EXAMINER CONSIDERS THE FOLLOWING: Simultaneous occurrence in respiration & increase in blood pressure immediately after subject’s reply. Heavier breathing immediately after reply to relevant question. Decrease in blood pressure for several seconds after reply. Slowing up of pulse rate after questioning session, after the subject is informed that no more questions will be asked.

Polygraph: Legal Implications

Legal Foundations: The legal maxim " nemo tenetur se ipsum prodere " establishes the right against self-incrimination, ensuring that no one is obligated to accuse oneself. Article 20(3) of the Indian Constitution reinforces this right, asserting that a suspect cannot be compelled to be a witness against themselves. Article 21 of the Indian Constitution safeguards life and personal liberty, emphasizing that no individual can be subjected to the mentioned tests without consent and force, as it violates the right to personal liberty. Section 161(2) of the Code of Criminal Procedure grants suspects rights against self-incrimination. It mandates truthful answers to questions, excluding those that might expose the individual to criminal charges or penalties. This section ensures the accused's right to remain silent. Polygraphs violate Section 25 of the Indian Evidence Act , which prohibits the use of confessions made to a police officer as evidence against a person accused of any offense. Section 27 of the Indian Evidence Act allows the use of information from an accused person in custody. It permits the proof of information that relates distinctly to a fact discovered as a consequence of the received information, whether or not it amounts to a confession.

Reliability Perspective Polygraph tests face challenges due to potential manipulation by administrators, especially in law enforcement, who may induce false positive responses. Additionally, individuals skilled in practices like controlling breathing or meditation can introduce parameters for error. Conversely, test-takers have reported successfully evading lie detection by employing tactics such as faking a cold or muscle manipulation. These challenges highlight the scientific uncertainty surrounding polygraphs, leading to successful legal challenges in various jurisdictions. The unreliability of polygraph results, with readings indicating increased physiological activity even in non-deceptive situations, has rendered them inadmissible as evidence in court. Consequently, polygraph tests do not meet the required level of reliability for scientific evidence in a courtroom setting. Show me the most Reliable one I said THE MOST PERFECTION

Constitutional Validity Judicial Response: The Lie-Detection division renders valuable polygraph aids in a number of important investigations conducted by CBI, Judiciary, Delhi Police and other law enforcement agencies. The Lie detection division maintain latest version of the computerized polygraph equipment. The objectives of Lie detection are: To verify the statements of suspects, witnesses and the complaints. To economise and accelerate the process of investigation by screening innocent person where a large number of suspects are involved. Scientific interrogation of suspects in white collar crimes. To corroborate the findings of investigation by investigating officers.

The Polygraph test: Legal Requirements The National Human Rights Commission formulated rules in response to a 1997 petition by Shri Indra P. Choudhry, who, disturbed by his treatment, was subjected to a polygraphy test after being apprehended by the police. Despite not being in the right state of mind, he consented to the test. Instructions on administering polygraph tests to suspects were provided in letter number 117/8/97-8 dated 11/01/2000. These criteria aim to ensure fair use of the polygraphy test without violating human rights. The accused must voluntarily agree to undergo a Lie Detector/Polygraphy Test, having the option to decline. Upon agreement, the subject should be made fully aware of the test, including its legal implications, with information provided by both the police and their lawyer.

Selvi Vs. State Of Karnataka AIR 2010 SC 1974, (2010) 7 SCC Facts: In this case, Kavita Murugeshan accused her parents and a friend of murdering her husband due to their disapproval of her inter-caste love marriage. Polygraph tests implicated Selvi Murugeshan and her husband in the crime. Role of the Test: The Supreme Court addressed the constitutionality of lie-detector tests, narco-analysis, BEAP, FMRI, and their use without consent in investigations. Issues Raised: 1. Constitutionality of the tests. 2. Violation of the right against self-incrimination (Article 20(3) and Section 161(2)). 3. Violation of 'personal liberty' (Article 21) when conducted without consent. Decision: The Supreme Court ruled that these tests couldn't be forced without consent, as it violated 'personal liberty' (Article 21). Even with consent, results weren't considered standalone evidence due to the lack of conscious control. Conclusion: While the constitutionality remains uncertain, the court allows the voluntary use of lie-detector tests, emphasizing the need for consent. However, results lack scientific validity and may infringe on personal liberty and the right against self-incrimination. The court emphasizes adherence to guidelines and safeguards during test administration.

Km. Seema Azad v/s State of U.P. 2013 Also called as the “Shashi Murder Case”. Overview: The Shashi murder case involves Vijay Sen Yadav, the main accused, and Anand Sen, an incumbent BSP MLA, convicted for the murder of law student Shashi from Faridabad. Role of the Test: Polygraph and narco-analysis tests were conducted on Vijay Sen Yadav. During the tests, Vijay Sen, a co-accused, revealed details suggesting Anand Sen's involvement in the murder. Test Details: Chief Judicial Magistrate Shailesh Tiwari permitted the tests in Bangalore's Forensic Laboratory. Vijay Sen, in a trance, disclosed Anand Sen's alleged illicit relations with Shashi, leading to her murder. Held: Based on Vijaysen's statements, Anand Sen, then a minister in the Mayawati cabinet, was arrested. He remains in jail with a pending bail application before the Allahabad High Court

Mumbai Serial Killer Ravindra kantrole case In the investigation of the serial killing of seven people in South Mumbai, suspect Ravindra Kantrole underwent scientific tests, including polygraph, narco analysis, and brain mapping. The confession of his involvement in the crimes emerged during these tests. Brain mapping (BEOS) and polygraph tests were conducted at the Maharashtra Forensic Science Laboratory, while narco analysis tests took place at the Bangalore Forensic Science Laboratory on February 14, 2007. Under Section 293 of the CrPC, any document purportedly reported by a government scientific expert on a matter submitted for examination and analysis in the course of legal proceedings is admissible.

Nithari Serial Killings Overview: In Nithari, Noida (U.P.), businessman Mohinder Singh Pandher and his domestic help Surinder Koli were accused of murdering 30 missing children. The CB1 is currently investigating the case. Scientific tests on the suspected killers revealed admissions of serial killing of missing children. Role of Test: Investigating agencies used polygraph, brain mapping, and narcoanalysis tests on Pandher , Koli, and a female servant implicated in luring the victims. In 2009, both Pandher and Koli were taken into custody and subjected to psychological assessments, polygraph tests, narcoanalysis, and brain electrical oscillation signature (BEOS) profiles at Gandhinagar’s Directorate of Forensic Sciences (DFS) laboratory. Decision: The test results exposed chilling details about the 18 rape and murders of young girls, one adult woman, and children committed by the duo.

Worldview: Polygraph and The Law In the Philippines , polygraph results are not admissible as evidence under Rule 130, Section 49 of the Rules on Evidence. Despite attempts by polygraph examiners and lawyers, presenting polygraph evidence in court has been unsuccessful. In the United States , the admissibility of polygraph results is determined by the Frye and Daubert standards. Frye (1923) established that polygraph evidence is not admitted as evidence. Daubert (1993) considers factors such as testing, peer review, error rate, standards, and scientific acceptance. New Mexico allows the admissibility of polygraph results under specific conditions. The Supreme Court ruling in State v. Dorsey (1973) requires operator competence, procedure reliability, and valid tests. In 1983, New Mexico codified polygraph result admissibility in the Rules of Evidence, allowing it at the trial judge's discretion if performed by a qualified expert polygraph examiner.

Keeler’s Polygraph ( Patent Schematic; USPO) Thank You

References: McCornack, S. A., & Parks, M. R. (1986). Deception detection and relationship development: The other side of trust. Annals of the International Communication Association, 9, 377–389. https://doi.org/10.1080/23808985.1986.11678616. Ancient Ways of Detecting Lies - Lie Detector Test polygraph | Wex | US Law | LII / Legal Information Institute (cornell.edu) Bond, Jr., C. F., & DePaulo, B. M. (2006). Accuracy of deception judgments. Personality and Social Psychology Review, 10, 214–234. https://doi.org/10.1207/ s15327957pspr1003_2. A Brief History of Lie Detection | Psychology Today Lie detection tests have worked the same way for 3,000 years – and they're still hopelessly inaccurate (theconversation.com) Knapp, M. L. (2008). Lying and deception in human interaction. Boston, MA: Pearson Education. Polygraph Test - The British Polygraph Society (BPS) The Origins of the Polygraph | Countway Library (harvard.edu) Reid, J. E. "Simulated Blood Pressure Responses in Lie-Detection Tests and a Method for Their Deception," Journal of Criminal Law and Criminology, 36 (1):201- 215 (1945) Troville , P. V. "A History of Lie Detection," Journal of Criminal Law and Criminology, 29 (6)-848 (1939); 30 (1):104 (1939)